You may have heard of The Green Deal which the UK government unveiled recently. This is a significant development which we feel you should know about.

The Green Deal is the new government initiative that is designed to help business and home owners to employ more green technologies in their properties. The idea is simple; install new green technology into your property with no up front costs. You will pay back the costs through your energy bill over a period of time. This is unlike a conventional loan because if you move out of the property the bill stays with the property where the savings are occurring and not with the bill payer.

More information can be found here: http://www.greendealinitiative.co.uk/ or in the guide – The Green Deal for Residential Landlords.

Also available is The Green Deal Cashback Scheme where money is available for householders who make energy saving home improvements. This money is available on a first-come first-served basis. More information can be found in the guide – The Green Deal Cashback Scheme.

Happy to help.

Determining precisely who is responsible for pests, landlord or tenant, can be a grey area. But what guidance does the law give us? The following questions and answers should help guide you through relevant legislation and the most well known case law and determine just who might be responsible for pests:

1. Do the pests present an infection hazard to any potential occupant or visitor? Yes – go to 2 No – go to 4 (see A)

2. Is the risk of infection the result of inadequate and unhygienic provision for storage or disposal of household waste? Yes – Landlord responsibility No – go to 3 (see B)

3. Have the pests accessed the dwelling and harboured within the dwelling as a result of a deficiency in the exterior of the dwelling or structural elements of the dwelling? Yes – Landlord responsibility No – go to 4 (see C)

4. Were pests present at start of tenancy? Yes – go to 5 No – go to 6

5. Was the property let furnished? Yes – Landlord responsibility No – go to 6 (see D)

6. Is the lease for less than 7 years? Yes – go to 7 (see E) No – Tenant responsibility. Tenant expected to do those little jobs about the place that a reasonable tenant would do (see G) goto 8

7. Has the pest problem been caused by the landlord not keeping in repair the structure or exterior of the dwelling-house or installations of the dwelling-house? Yes – Landlord responsibility (see F) go to 8 No – Tenant responsibility. Tenant expected to do those little jobs about the place that a reasonable tenant would do (see G) goto 8

8. Are the pests rats or mice in substantial numbers? Obligation for occupier of land to notify the local authority in writing of rats and mice. Local authority may serve on the owner or the occupier of the land notice requiring reasonable steps to be taken for the destruction of rats or mice.  (See H)

Have I missed or mis-interpreted anything?

A. Schedule 1 S15 of The Housing Health and Safety Rating System (England) Regulations 2005 – http://www.legislation.gov.uk/uksi/2005/3208/schedule/1/made

B. Schedule 1 S15 2) of The Housing Health and Safety Rating System (England) Regulations 2005

C. Schedule 1 S15 3) of The Housing Health and Safety Rating System (England) Regulations 2005

D. Smith v Marrable (1843) http://www.letlink.co.uk/case-law/disrepair/smith-v-marrable-1843.html

E.  S13 of Landlord and Tenant Act 1985 http://www.legislation.gov.uk/ukpga/1985/70

F. S11 of Landlord and Tenant Act 1985 http://www.legislation.gov.uk/ukpga/1985/70

G. Warren v Keen (1954) http://www.letlink.co.uk/case-law/disrepair/warren-v-keen-1954.html

H. Prevention of Damage by Pests Act 1949 http://www.legislation.gov.uk/ukpga/Geo6/12-13-14/55

Case law provides that having a chimney swept during a tenancy is the tenant’s responsibility (Warren V Keen (1954)) but how often should it be done?

The Guild of Master Chimney Sweeps provides the frequencies below for guidance. Frequency will depend on a number of factors including: Type of fuel, appliance used, duration of use, moisture content of wood fuel, type of chimney. Your Guild sweep will be able to advise on sweeping frequency during the appointment, the sweeping frequencies below are for guidance.

Tenants, when was the last time you had your chimney swept? Landlords, do you monitor that your tenants are keeping the chimney clean and if so how?